Lethal Libations – Driving Under the Influence

A car is not inherently dangerous, but in the hands of someone who is impaired, it is a lethal weapon. Driving under the influence of alcohol or drugs adversely affects judgment, vision, hand-eye coordination, reflexes, and the ability to focus and recognize hazardous road conditions or dangerous situations.

Canada’s Criminal Code[1] states that it is an offence to operate a motor vehicle, or have care or control of a motor vehicle, whether it is in motion or not, if a person’s ability to operate the vehicle is impaired by alcohol or a drug. The amount of alcohol in your body is measured by blood alcohol concentration (BAC). It is prohibited for a driver to have a BAC of more than eighty (80) milligrams of alcohol in one hundred (100) milligrams of blood (0.08 – also known as the “legal limit”).[2]

However, in Ontario, a driver’s BAC does not need to exceed the legal limit to result in serious consequences. If a driver’s BAC measures between 0.05 and 0.08 (also known as the “warn range”), they may face an administrative driver’s licence suspension[3]. Novice and young drivers (under 21 years old) must maintain a BAC of zero while operating a car.[4]

The Criminal Code clarifies that impairment also includes impairment by a combination of alcohol and a drug or drugs.[5] These drugs include illegal narcotics and prescription or over-the-counter medication.

Consequences

The consequences for violating Section 253 of the Criminal Code, are contingent upon the nature and severity of the violation:

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Since 2011 Canadian Lawyer Magazine rated us one of the top personal injury law firms in Canada. Why? With close to 20 years helping accident victims and their families, our firm understands the laws that affect your rights to compensation because we’ve helped shape those laws in favour of accident victims.

Among the best in Canada

Since 2011 Canadian Lawyer Magazine rated us one of the top personal injury law firms in Canada. Why? With close to 20 years helping accident victims and their families, our firm understands the laws that affect your rights to compensation because we’ve helped shape those laws in favour of accident victims.